The felony assault case against Justin and Danielle Nisselbeck was already unusual.

Wednesday brought tears, X-rated language in court and the prospect (quickly rejected) of sister-versus-brother at trial next month.

First some background:

The Nisselbeck siblings each face up to seven years in prison on charges they assaulted Albany police outside Oh Bar on Lark Street on Feb. 1 — with the allegations against Justin Nisselbeck based, in part, on a cop breaking his finger when he punched Nisselbeck in the face. See the earlier story

On Wednesday, Nisselbeck and his 26-year-old sister Danielle (who went out that night to celebrate her birthday) learned they will likely see their own words to Albany police used against them at trial.

Judge Thomas Breslin allowed their statements into evidence after a pre-trial hearing that included testimony from two Albany cops.

Justin Nisselbeck had told police, while being fingerprinted at the department’s South Station on Feb. 1, “I’ve never done anything wrong until now,” Sgt. James Mahoney testified.

Danielle Nisselbeck told police she “did knee someone” because she believed her chest had been groped, Mahoney testified.

Police alleged she used the term “faggots” while at the station – the same bias slur her brother’s attorney, David Ehrlich, has accused officers of using. She also was “screaming vulgarities,” testified Officer Milton Johnson, adding, “It was just unbelievable, the stuff that was coming out of her mouth.”

Breslin read aloud the vulgarities from the bench, saying such comments could only be uttered spontaneously.

Danielle Nisselbeck, who was in tears at times during the court appearance, rejected a plea offer from prosecutors that required she cooperate against her brother. It is believed she would have needed to serve six months in the Albany County jail and receive 5 years post-release supervision.

Todd Monahan, the attorney for Danielle Nisselbeck, said his client was probably angry and scared at the police station, but said she did not make any biased slurs.

As for the other remarks police said she made, Monahan noted, “It’s not illegal to swear,” adding, “These are Albany cops. I’m sure they’ve heard worse.”